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Sugata Dutta   05 May 2018

Ragaining the unregisteted coooerative leasehold flat of govt in Kolkata

X is a retired govt employee. During his job tenure, he had received a flat from govt in Saltlake Kolkata, having a 999 years of lease. After receiving the same, he took the home loan from govt, that govt provided to all of the flat owners. But he was not registered under the cooperative society.

Due to some financial issues, X was bound to sell his flat, as it was the only asset of him. He sold his unregistered flat to Y by doing an agreement internally with the help of a lawyer. However, Y is neither registered under the cooperative society nor the electricy bills and all are registered with his name yet.

X had given the dalil to Y, where it is mentioned that the flat is owned by cooperative society. Also Y has 9 NOCs of the other cooperative members.

Now his son wants to regain that flat from Y. The son and Y made an agreement to regain that flat by 35 lakhs.

Now, the problem that the son is facing is the following:
The son is worried the home loan. Because, the bank might not give home loans for this scenario. Is it any option to avail this home loan?
Or can X take a home loan by making his son as a guaranter?

Please guide with the best option. The son wants to pay the entire amount through EMI and also wants to get tax benefit.


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